By:  Haywood, Nelson                                   S.B. No. 446

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the posting of political signs on private property

 1-2     along certain highways.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter A, Chapter 391, Transportation Code,

 1-5     is amended by adding Section 391.005 to read as follows:

 1-6           Sec. 391.005.  EXEMPTION.  This chapter does not apply to a

 1-7     sign erected solely for and relating to a public election if the

 1-8     sign:

 1-9                 (1)  is on private property;

1-10                 (2)  is erected not earlier than the 90th day before

1-11     the date of the election and is removed not later than the 10th day

1-12     after the election date;

1-13                 (3)  is constructed of lightweight material; and

1-14                 (4)  has a surface area not larger than 50 square feet.

1-15           SECTION 2.  (a)  This Act takes effect on the first day of

1-16     the calendar month following the date the Texas Transportation

1-17     Commission determines that the implementation of Section 391.005,

1-18     Transportation Code, as added by this Act, will not result in the

1-19     loss of highway-related funds from the federal government.  The

1-20     commission shall endeavor to make a determination under this

1-21     subsection as soon as practical after this Act becomes law.  In

1-22     making a determination under this subsection, the commission may

1-23     seek the opinion of an officer or employee of the federal

 2-1     government, the attorney general of this state, or any other

 2-2     appropriate person.

 2-3           (b)  If a determination is made under Subsection (a) of this

 2-4     section, the commission shall provide notice of the determination

 2-5     to the secretary of state for inclusion in the Texas Register.  If

 2-6     a determination is not made under Subsection (a) of this section,

 2-7     this Act has no effect.

 2-8           (c)  The commission may delegate any of its responsibilities

 2-9     under this Act to the executive director of the Texas Department of

2-10     Transportation.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.